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Judge said OK: Queens Tenant files HP Action, then Small Claims to recover repair money

Posted by JJ on March 27, 2000 at 10:13:08:

sounds like a good plan:

Court: Nassau District
Surin v. Bayswater Terrace Corp. and Kay Management Group
NSC2156-99 QDS:76702282
March 13, 2000

Judge: Adam Moser

Attorneys: Plaintiff pro se. Rappaport, Hertz, Cherson &
Rosenthal for the defendant.

Summary: Caroline Surin filed an order to show cause in
Queens County Civil Court requesting Albert H. Sims
Associates and Kay Management to correct alleged violations
to the premises that Ms. Surin rented. The City of New York
Department of Housing Preservation and Development later
inspected the premises and found class A and B violations,
including the need to paint and plaster. The Queens County
Housing Court later issued an order amending the caption to
include defendant Bayswater in place of Kay Management and
Albert H. Sims. The order stated that Ms. Surin painted the
walls herself and that the defendants must pay for other
violations. Ms. Sims then commenced an action in the small
claims part of District Court requesting a money judgment. At
trial, the defendants made a motion to dismiss the complaint
arguing that the Queens County Civil Court retained original
jurisdiction. The court held that the orders of Queens County
did not state that the Civil Court retained exclusive jurisdiction.
"The orders do not contain language precluding plaintiff from
proceeding in another forum," the decision stated.

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